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2002(1) Supreme 529
SUPREME COURT OF INDIA
(From Gujarat High Court)
G.B. Pattanaik, R.P. Sethi and Bisheshwar Prasad Singh, JJ.
Chandrakant Tukaram Nikam & Ors. -Appellants
versus
Municipal Corporation of Ahmedabad & Anr. -Respondents
Civil Appeal Nos. 4849-4854 of 1992
Decided on 6-2-2002
Counsel for the Parties :
For the Appellants : Huzefa Ahmadi and Ms. Meenakshi Arora, Advocates.
For the Respondents : Mahendra Anand, Senior Advocate, H.S. Parihar, Kuldeep S. Parihar and Ms. Vibha M. Anand Advocates.
Held : It may be borne in mind that the Industrial Disputes Act was enacted by the Parliament to provide speedy, inexpensive and effective forum for resolution of disputes arising between workmen and the employers, the underlying idea being to ensure that the workmen does not get caught in the labyrinth of civil courts which the workmen can ill afford, as has been stated by this Court in Rajasthan State Road Transport Corpn. case (supra). It cannot be disputed that the procedure followed by Civil Courts are too lengthy and consequently, is not an efficacious forum for resolving Industrial Disputes speedily. The power of Industrial Courts also is wide and such forums are empowered to grant adequate relief as they think just and appropriate. It is in the interest of the workmen that their disputes, including the dispute of illegal termination are adjudicated upon by an industrial forum. To our query Mr. Ahmadi, learned counsel appearing for the appellants was not in a position to tell that the relief sought for in the cases in hand, cannot be given by a forum under the Industrial Disputes Act. The legality of order of termination passed by the employer will be an industrial dispute within the meaning of Section 2(k) and under Section 17 of the Industrial Disputes Act, every Award of Labour Court, Industrial Tribunal or National Tribunal is required to be published by the appropriate government within a period of thirty days from the date of its receipt and such Award published under sub-section (1) of Section 17 is held to be final. (Para 6)
In the aforesaid premises and having regard to the relief sought for in the suits filed in the Civil Court, we have no manner of hesitation to come to the conclusion that in such cases the jurisdiction of the Civil Court must be held to have been impliedly barred and the appropriate forum for resolution of such dispute is the forum constituted under the Industrial Disputes Act. We, therefore, do not find any infirmity with the impugned judgment of the High Court requiring our interference. The appeals accordingly fail and are dismissed. We would however observe that it would be open for the appellants-workmen to approach the appropriate industrial forum and such forum if approached, will dispose of the matter on its own merits. There will be no order as to costs. (Para 7)
JUDGMENT
Pattanaik, J.-These appeals are directed against the judgment of the Division Bench of Gujarat High Court in Letters Patent. Appeals filed against a common judgment of a learned Single Judge dated 22nd September, 1990. The workmen of Ahmedabad Municipal Corporation challenged the orders of dismissal/removal from service, by filing a Civil Suit. The City Civil Court framed four issues, one of which is whether the suit is bad for want of jurisdiction. On the said issue it came to the conclusion that the Civil Court had no jurisdiction to entertain and try the suit, accordingly the suit was dismissed. Identical suits filed by different employees against the order of termination having been dismissed by the City Civil Court, individual appeals had been preferred and all those appeals, six in number, stood disposed of by a common judgment of the learned Single Judge of Gujarat High Court. The Single Judge came to the conclusion that the Civil Court will have the jurisdiction to go into the question, as to whether the orders of termination of services were null and void, having been passed by an authority who had no competence to pass the same, but it had no jurisdiction to examine the alleged lacuna in the procedural part of disciplinary inquiry which is governed by Standing orders and the jurisdiction of the Civil Court to enter into such question must be held to be impliedly barred. With this conclusion the learned Single Judge having set aside the judgment of the City Civil Court and having remitted the matter for adjudication, as to whether the order of termination could be interfered with on the ground of want of competence on the part of the authority, who had passed the order, the plaintiff/workman assailed the same by filing Letters Patent Appeal contending inter alia that the City Civil Court will have no jurisdiction to go into the procedural irregularities because the provisions of Industrial Disputes Act and implied ouster of jurisdiction of Civil Court is not correct. Ahmedabad Municipal Corporation filed cross-objection in the Letters Patent Appeals challenging that part of the judgment and decree of the learned Single Judge whereunder the Single Judge had quashed the decree of the City Civil Court and remanded the matter to City Civil Court for deciding as to whether declaration prayed for by each of the workman can be granted on the ground of want of competence on the part of the authority who had passed the order of dismissal/removal. All these Letters Patent Appeals as well as the cross-objections were disposed of by a common judgment, which is the subject matter of consideration in these appeals. The Division Bench of the High Court was of the opinion that the City Civil Court was right in holding that it has no jurisdiction to hear the suits instituted by the employees/plaintiffs and the learned Single Judge was not right in holding that the question of competence of the authority, who had passed order of dismissal or who had passed the order to initiate disciplinary proceedings could be decided by the Civil Court. According to the Division Bench even that question about the competence of the authority who passed the order can be gone into by the Labour Court or Industrial Tribunal, and therefore, Civil Court s jurisdiction to entertain a suit has to he held to have been impliedly barred. The Letters Patent Appeals having been dismissed and cross-objections filed by the Corporation having been allowed, the present appeals have been preferred. When these appeals were listed before a bench of this Court, by order dated 13th October, 1993, Bench referred the cases to a Constitution Bench of 5 Hon ble Judges. When the appeals were listed before a Constitution Bench it was represented by the counsel that the matter has been resolved by a judgment of this Court in Rajasthan State Road Transport Corporation and another vs. Krishna Kant and others - (1995) 5 SCC 75, and therefore, the Constitution Bench
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